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STATE EX REL. SAYRE v. INDUS. COMM.

No. 68-450.

17 Ohio St. 2d 57 (1969)

THE STATE, EX REL. SAYRE, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided March 12, 1969.

Attorney(s) appearing for the Case

Messrs. Larrimer & Larrimer and Mr. Craig Aalyson, for appellee.

Mr. Paul W. Brown, attorney general, Mr. Walter J. Howdyshell and Mr. Robert J. Dodd, Jr., for appellant.

HERBERT, J.

This appeal involves the interpretation of Section 4123.57 (D), Revised Code, which, at the applicable time, read in pertinent part:

"If an employee makes application for a finding and the commission finds that he has contracted silicosis as defined in division (W) of Section 4123.68 of the Revised Code, and that a change of such employee's occupation is medically advisable in order to decrease substantially further exposure to silica dust and...

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